R/CR.MA/7748/2025 ORDER DATED: 21/04/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (FOR ANTICIPATORY BAIL) NO. 7748 of 2025 ========================================================== MANOJKUMAR GOPALBHAI KANKODIYA & ANR. Versus STATE OF GUJARAT ========================================================== Appearance: MR VICKY B MEHTA(5422) for the Applicant(s) No. 1,2 MR HK PATEL, APP for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR Date : 21/04/2025 ORAL ORDER 1. After arguing some time, learned advocate for the applicant does not press the present application qua respondent No.2- Suryaben Gopalbhai Kankodiya. 2. The application stands disposed of as not pressed qua respondent No.2-Suryaben Gopalbhai Kankodiya. 3. Learned advocate for the appli1. RULE. Learned APP waives service of rule for the respondent-State. 4. By way of the present application under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), the applicant No.1- Manojkumar Gopalbhai Kankodiya has prayed to release him on anticipatory bail in the event of his arrest in connection with the FIR being C.R. No.11195009250086 of 2025 registered with Chhapi Police Station, Banaskantha for the R/CR.MA/7748/2025 ORDER DATED: 21/04/2025 offences punishable under Section 118(1), 121, 121(1), 189(2), 191(2), 191(3), 190, 115(2), 351(3), 125, 296(b) and 111 of the Bharatiya Nyaya Sanhita, 2023 (for short “BNS”). 5. Learned Advocate appearing on behalf of the applicant submits that the applicant has nothing to do with the offence and he is falsely implicated in the offence. The police intend to arrest the applicant No.1 solely based on suspicion. Among the applicant-accused, Applicant No. 1 is a student, while Applicant No. 2 is their mother. Applicant No. 1 has no criminal history, whereas cases under the Prohibition Act have been registered against Applicant No. 2, but they are prepared to present the status of those cases. It is further submitted taht, upon examining the complaint, it does not appear that Applicant No. 1 played any role in the incident. It is further submitted that, considering the nature of the offence, the applicant may be granted bail with the imposition of suitable conditions. 6. Learned APP appearing on behalf of the respondent-State has opposed grant of regular bail looking to the nature and gravity of the offence. Considering the provisions related to punishment, there is a provision for imprisonment up to life. In this matter, when police personnel went for a raid related to prohibition, the accused did not cooperate with the investigation, obstructed their lawful duties, and attacked them. It is alleged that the accused collectively attacked the police, making each equally responsible. The police investigation is ongoing. If the general public obstructs the police in this manner and prevents them from performing their lawful duties, it creates a serious R/CR.MA/7748/2025 ORDER DATED: 21/04/2025 situation, and given the necessity of the presence of the applicants/accused for the investigation, the law and order situation in the state could deteriorate. Therefore, the present application may be dismissed. 7. Having heard the learned advocate for the parties and perusing the investigation papers, it is equally incumbent upon the Court to exercise its discretion judiciously, cautiously and strictly in compliance with the basic principles laid down in a plethora of decisions of the Hon’ble Apex Court on the point. It is well settled that, among other circumstances, the factors to be borne in mind while considering an application for bail are (i) the nature and gravity of the accusation; (ii) the antecedents of the applicant including the fact as to whether he has previously undergone imprisonment on conviction by a Court in respect of any cognizable offence; (iii) the possibility of the applicant to flee from justice; and (iv) where the accusation has been made with the object of injuring or humiliating the applicant by having him so arrested. Though at the stage of granting bail an elaborate examination of evidence and detailed reasons touching the merit of the case, which may prejudice the accused, should be avoided. I have considered the following aspects. (1) The allegation against Applicant No. 1 is that he, along with the other co-accused, was involved in a prohibition offence. When police personnel conducted a raid related to the prohibition case, the accused did not cooperate with the investigation, obstructed their lawful duties, and attacked them. However, prima facie, it appears that R/CR.MA/7748/2025 ORDER DATED: 21/04/2025 Applicant No. 1 was not armed with any deadly weapon. He is the son of Applicant No. 2, and it appears that his mother was involved in the sale and purchase of contraband material and she also has past antecedents. Considering this background, the presence of Applicant No. 1 at the scene of the offence appears to be natural. (2) The applicant has no pasta antecedent. (3) Nothing is required to be recovered or discovered from the present applicant. 8. Considering the aforesaid aspects and the law laid down by the Hon’ble Apex Court in the case of Siddharam Satlingappa Mhetre vs. State of Maharashtra and Ors. reported in (2011) 1 SCC 6941, wherein the Hon’ble Apex Court reiterated the law laid down by the Constitution Bench in the case of Shri Gurubaksh Singh Sibbia & Ors. reported in (1980) 2 SCC 665 and also the decision in the case of Sushila Aggarwal v. State (NCT of Delhi) reported in (2020) 5 SCC 1, I am inclined to allow the present application. 9. In the result, the present application is allowed by directing that in the event of arrest / appearance of the applicant No.1- Manojkumar Gopalbhai Kankodiya in connection with the FIR being C.R. No.11195009250086 of 2025 registered with Chhapi Police Station, Banaskantha the applicant No.1- Manojkumar Gopalbhai Kankodiya shall be released on bail on furnishing a personal bond of Rs.10,000/- (Rupees Ten Thousand Only) with one surety of like amount on the following conditions that applicant No.1- Manojkumar Gopalbhai Kankodiya : R/CR.MA/7748/2025 ORDER DATED: 21/04/2025 (a) shall cooperate with the investigation and make himself available for interrogation whenever required; (b) shall remain present at the concerned Police Station on 28/04/2025 between 11.00 a.m. and 2.00 p.m. and the IO shall ensure that no unnecessary harassment or inconvenience is caused to the applicant; (c) shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the fact of the case so as to dissuade him from disclosing such facts to the court or to any police officer; (d) shall not obstruct or hamper the police investigation and not to play mischief with the evidence collected or yet to be collected by the police; (e) shall at the time of execution of bond, furnish the address to the investigating officer and the court concerned and shall not change his residence till the final disposal of the case till further orders; (f) shall not leave India without the permission of the Court and if having passport shall deposit the same before the Trial Court within a week; (g) an order of anticipatory bail does not in any manner limit or restrict the rights or duties of the police or investigative agency, to investigate into the charges against the applicant; (h) It is open to the police or the investigating agency to move the learned trial Court for a direction under Section 483(2) to arrest the accused, in the event of violation of any term, such as absconding, non- cooperating during investigation, evasion, intimidation or inducement to witnesses with a view to influence outcome of the investigation or trial, etc.- 10. At the trial, the Trial Court shall not be influenced by the prima facie observations made by this Court while enlarging the R/CR.MA/7748/2025 ORDER DATED: 21/04/2025 applicant No.1- Manojkumar Gopalbhai Kankodiya on bail. 11. Rule is made absolute to the aforesaid extent qua applicant No.1- Manojkumar Gopalbhai Kankodiya. Application is disposed of accordingly. Direct service is permitted. (HASMUKH D. SUTHAR,J) ALI Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: ISTAYAK ALI(HC01093), PRIVATE SECRETARY, at High Court of Gujarat on 21/04/2025 14:35:11